Minco India Private Limited incorporated in 1982 using trademark MINCO INDIA since October 1982 for pressure temperature gauges switches and related goods applied for registration on 5 June 2023 claiming goodwill reputation with certified sales from 1989 and discovered in February 2024 that Minco India Flow Elements Private Limited incorporated as Tivim Instruments in 1982 changed name in September 2012 using MINCO for identical goods prompting suit for infringement under Section 29(5) Trade Marks Act 1999 and passing off with interim application for injunction. Defendant contended both part of family group GICON founded by Manohar Kulkarni with name change via 2012 resolutions consented by common directors brothers Amarendra and Raghvendra who separated in 2015 per Will with use since 2012 sales over Rs 111 crore raising suppression delay laches acquiescence. Plaintiff rebutted no consent fraudulent NOC by Raghvendra knowledge only 2024 no acquiescence. The court reasoned companies distinct entities statutory scheme recognizes registered proprietor assignment or permitted user not family succession prima facie honest adoption with consent via resolutions not fraudulent suppression of association common directors name change business similarity false knowledge date disentitling equitable relief acquiescence by inactivity despite awareness since 2012/2015 no confusion in niche industrial market no passing off misrepresentation or damage. Interim injunction refused application dismissed.
- Company is distinct artificial person from shareholders/directors immaterial family disputes succession in trademark infringement absent assignment or permitted user under Sections 28 29(5) 38-45 48-49 Trade Marks Act 1999: Para 14, Para 17.
- Suppression of material facts false statements on oath about knowledge disentitles discretionary equitable relief in infringement/passing off: Ramjas Foundation v. Union of India, (2010) 14 SCC 38, Para 28; Pernod Ricard India Pvt Ltd v. Karanveer Singh Chhabra, 2025 SCC OnLine SC 1701, Para 28.
- Acquiescence requires positive acts not mere silence sitting by allowing expenditure building trade implying consent complete defense: Power Control Appliances v. Sumeet Machines Pvt Ltd, (1994) 2 SCC 448 Para 26, Para 30.
- Balance of convenience against injunction where honest concurrent user delay laches in niche market no confusion: Chemco Plastic Industries Pvt Ltd v. Chemco Plastic, 2023 SCC OnLine Bom 285, Para 29; Midas Hygiene Industries (P) Ltd v. Sudhir Bhatia, (2004) 3 SCC 90, Para 32.
Minco India Private Limited Vs Minco India Flow Elements Private Limited, Order date: 06 January 2026, Case Number: Interim Application (L) No.12616 of 2024 in Commercial IP (L) No.12477 of 2024, Neutral Citation: N/A, Name of court: High Court of Judicature at Bombay, Name of Judge: Sharmila U. Deshmukh.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
